Difference between revisions of "Condemnation Process"

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=== Steps in the Eminent Domain Process Involving Public Works ===
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===Condemnation Process===
  
  
*Project Engineer and acquisition agent meet with Law Department to discuss project and review requirements for condemnation.
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The complete process of obtaining easements through condemnation before construction begins can take 6 to 9 months.  This timeline runs consecutively from the first meeting with the Law Department to Notice to Proceed.  The time can be shortened if the bid letting and award process runs simultaneously with the condemnation process.  An ordinance designating the project scope and cost must be in place prior to initiating the condemnation process.
  
*Project Engineer provides the following to Law Department.  All legal descriptions, title work, lienholders, and parties in possession shall be provided to Law in a computer-ready format (i.e.: Word, Access or Excel).  
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*An offer is made to the owners of the properties from which easements are  required, followed by good faith negotiations.
  
#Legal descriptions, verified by PW staff, of the necessary takings (temporary construction easements, permanent right of way easements, permanent drainage easements, sidewalk easements, utility easements).
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*Project manager determines that condemnation action will be needed in order to acquire all easements needed for the project.
#Legal description of each tract from which the easements are to be taken.
 
#Current title work (no more than two to three months old) including ownerships, mortgage holders, easement and lienholders, and parties in possession, along with addresses of same.
 
#8 1/2" x 11" color map of each tract showing the takings.
 
#Copy of the survey and description of the land or interest to be condemned, after it is filed with the City Clerk.
 
  
*Project Engineer shall meet with Law Department to review the eminent domain petition and determine length of temporary construction easements and other information particular to the project for which easements are being acquired.  City Engineer verifies petition.
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*Project manager and acquisition agent meet with the Law Department to discuss the project and review the requirements for condemnation.
  
*Project Engineer shall stake tracts prior to appraiser's hearing to show what is being taken.
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*The Law Department drafts and submits to Council a Resolution declaring the need for eminent domain action.  Resolution is effective upon publication.
  
*Project Engineer shall attend eminent domain and appraiser's hearings, with project plans, and be ready to explain project and review plans with judge, property owners and appraisers.
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*Project manager requests current title work (no more than 2 to 3 months old), to include property owners, situs address, mailing address, mortgage holders, easements, lienholders, and parties in possession.  PW staff will review the legal descriptions of the takings for accuracy.  All of this information along with 8/12” x 11” color tract maps showing the takings and a spreadsheet of the takings, is provided to the Law Department.  
  
*Project Engineer shall attend viewing with appraisers in order to answer field questions.
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*Project manager files survey with City Clerk and provides a copy to the Law Department.
  
*After appraiser's report is filed, Director of Public Works and City attorney shall sign off on awards and fees, after consultation with Project Engineer, prior to Finance Department issuing award and fee check to District Court.
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*Project manager meets with the Law Department to review the eminent domain petition and determine the length of temporary construction easements and other information particular to the project. The City Engineer verifies the petition.
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*Once the Ordinance is published, the Law Department is able to file the Petition for Eminent Domain with Johnson County District Court. Once this is recorded a court date can be obtained for the Consideration of the Action and for the appointment of appraisers.  Notice of these hearings along with a copy of the Petition are published and also provided to the plaintiffs. The Project manager attends these hearings with project plans in case of questions by the judge.
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*Law Department consults with the appointed appraisers to determine a date for the Appraisers Hearing.  Once a date is determined, the Notice of Appraisers Hearing is published and provided to the plaintiffs.
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*Project Manager makes arrangements to have the areas of takings surveyed and staked for review by the appointed appraisers.
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*Appraisers Hearing is held.  Project manager attends this hearing and the viewing of the takings with project plans in order to answer any questions.  Appraisers physically view the takings at each property.  Appraisers have 45 days to file their report.
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*Once the Appraisers Report and Statement of Appraisers Fees are filed with the District Court, the Law Department will route these documents along with check requests for signatures by the City Attorney and Director of Public Works. Check requests are submitted to Finance with a request to route the checks to the Law Department.
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*The Law Department will forward payments to the District Court and receive a receipt of payment. The Law Department will provide Public Works with a copy of the receipt. Once payment is received by District Court, the easements belong to the City.
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Project is advertised.
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If needed, a pre-bid meeting is held approximately one (1) week prior to the bid opening.
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Bids are opened.
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Project manager recommends to Public Works Committee that they approve the selected contractor.
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Council awards the project.
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A pre-construction meeting is held.
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A public meeting is held.
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Notice to Proceed is issued to the contractor.
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Construction begins.

Revision as of 14:53, 17 December 2020

Condemnation Process

The complete process of obtaining easements through condemnation before construction begins can take 6 to 9 months. This timeline runs consecutively from the first meeting with the Law Department to Notice to Proceed. The time can be shortened if the bid letting and award process runs simultaneously with the condemnation process. An ordinance designating the project scope and cost must be in place prior to initiating the condemnation process.

  • An offer is made to the owners of the properties from which easements are required, followed by good faith negotiations.
  • Project manager determines that condemnation action will be needed in order to acquire all easements needed for the project.
  • Project manager and acquisition agent meet with the Law Department to discuss the project and review the requirements for condemnation.
  • The Law Department drafts and submits to Council a Resolution declaring the need for eminent domain action. Resolution is effective upon publication.
  • Project manager requests current title work (no more than 2 to 3 months old), to include property owners, situs address, mailing address, mortgage holders, easements, lienholders, and parties in possession. PW staff will review the legal descriptions of the takings for accuracy. All of this information along with 8/12” x 11” color tract maps showing the takings and a spreadsheet of the takings, is provided to the Law Department.
  • Project manager files survey with City Clerk and provides a copy to the Law Department.
  • Project manager meets with the Law Department to review the eminent domain petition and determine the length of temporary construction easements and other information particular to the project. The City Engineer verifies the petition.
  • Once the Ordinance is published, the Law Department is able to file the Petition for Eminent Domain with Johnson County District Court. Once this is recorded a court date can be obtained for the Consideration of the Action and for the appointment of appraisers. Notice of these hearings along with a copy of the Petition are published and also provided to the plaintiffs. The Project manager attends these hearings with project plans in case of questions by the judge.
  • Law Department consults with the appointed appraisers to determine a date for the Appraisers Hearing. Once a date is determined, the Notice of Appraisers Hearing is published and provided to the plaintiffs.
  • Project Manager makes arrangements to have the areas of takings surveyed and staked for review by the appointed appraisers.
  • Appraisers Hearing is held. Project manager attends this hearing and the viewing of the takings with project plans in order to answer any questions. Appraisers physically view the takings at each property. Appraisers have 45 days to file their report.
  • Once the Appraisers Report and Statement of Appraisers Fees are filed with the District Court, the Law Department will route these documents along with check requests for signatures by the City Attorney and Director of Public Works. Check requests are submitted to Finance with a request to route the checks to the Law Department.
  • The Law Department will forward payments to the District Court and receive a receipt of payment. The Law Department will provide Public Works with a copy of the receipt. Once payment is received by District Court, the easements belong to the City.

Project is advertised.

If needed, a pre-bid meeting is held approximately one (1) week prior to the bid opening.

Bids are opened.

Project manager recommends to Public Works Committee that they approve the selected contractor.

Council awards the project.

A pre-construction meeting is held.

A public meeting is held.

Notice to Proceed is issued to the contractor.

Construction begins.